Genealogical notes of Barnstable families - citizen hylbom blog

GENEALOGICAL NOTES OF BARNSTABLE FAMILIES. 397
Before the year 1653, Roger Goodspeed removed from Goodspeed's
Hill to the Indian village of Mistick or Misteake, now
known by the more modern and perhaps more euphoneous name of
Marston's Mills. I' think he was the first of the whites who
settled in that part of the town.
His six acre houselot then was bounded southerly by the land
of the Indian Sachem Paup-mun-nucks^t ^"d westerly by Oyster
River. On the north of this lot he owned a neck of land containing
sixteen acres. In 1665 he bought forty acres of land adjoining
the Oyster River and the Indian pond of Thomas Allyn.
In 1667 the town granted him sixteen acres adjoining his houselot.
He also owned meadows in that vicinity. In 1659 he purchased
a tract of land of Dea. John Cooper at the east of Cooper's
Pond.
April 6, 1678, he conveyed all his lands and meadows at
South Sea to his sons John and Ebenezer, excepting six acres, on
the condition that they support him and his wife Alice during
their natural lives. This instrument is on record, and is very
carefully drawn. It is signed with his mark.
He joined the church in Barnstable July 28, 1644, his wife
Alice having joined on 31 of the preceding December. He was
admitted a freeman of the Colony June 5, 1651, and was on the
grand jury that year. He was a farmer or planter, and had enjoyed
no advantages for obtaining an education. He appears to
have been an exemplary member of the Christian church, and to
have lived, except on one occasion, a quiet and inoffensive life.
In 1672, at the Meeting House in Barnstable, he charged John
Jenkins with having stolen his kid and lying ; but like an honest
The town of Barnstable has no right to remove the pound, without the assent of the
holders of said meadow. If the town should order its removal without such assent the
latter would be relieved from all obligation to maintain a pound in another place, and could
not be dispossessed of said meadows.
June 1, 1688. l^e grass that grows on the Pound Meadows was granted to James
Lewis and Nathaniel Bacon, for so long a time as they shall maintain a pound for the town's
use and no longer. The meadows were not granted, only the right to cut the "common
thatch, goose grass or sedge that grows upon them.*' This is a nice distinction but the
language used shows the intention of the parties. Lewis and Bacon admitted four others
as pai*tners and the meadows were divided into six lots, and the maintenance of certain
portions of the pound fence was assi^ed to each lot. In 1778 some of the partners
neglected to put up their particular portion of the fence and the town was indicted. That
matter was settled, the partners found that they were oblij?ed to put up the fence, and did
so. Recently they have again neglected to keep the fence in repair and the town has taken
possession of the meadows. This the town had an undoubted right to do ; but a question
arises whether or not those partners who have maintained their particular portions of the
fence can be deprived of the use of the meadows. On the other hand, it is said that the
fjirant was made as a whole, that the division was a subsequent arrangement not binding on
the town.
The latter is the common sense view of the question. A quadrangular piece of land
fenced on three sides ie not a "pound for the town's use." Either of the partners had the
same right that the town had. He could have put up the fence and claimed the delinquent's
share of the meadow.
t Paup-mun-nueks WAfi- the Sachem of Masapee, now called Marshpee, the easterly part
of Sandwich and the westerly and central parts of Barnstable. He ever lived on friendly
terms with the whites: For several years this ancient and once powerful sagamore resided
in the immediate vicinity of Roger Goodspeed.